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tv   [untitled]    December 26, 2014 12:00pm-12:31pm PST

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city official is really not subject to rule that guest basket is blazed in the breakroom where everyone can par take of it it comes up this time of year. >> in addition to those other rules every city department has a statement of incapable activities this was a process started by the ethnics commission they did this competitive process to contact all departments specifics ethnics rules those activities have revibration as well one the general guest rules to the best of my knowledge for every department no city official may accept guests for doing their jobs no, thank you gifts so a
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specific gift rule officers including the board members may not accept gifts from anyone doing in their job and it is a specific definition of doing business. >> in my doing business is a recent contractor or brokerage any current vendor or supplier or anyone that has invests in the last 12 months this is what constitutes doing business for the first one. >> one other rule i want to touch on that has come up is there is also a local rule that generally prohibits receiving gifts from subordinates from people would work for you in the
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orientational chart or who are planning to work for you now like the gift rules generally some exceptions that come up during the holiday season one of the exception of the subordinate it's okay to receive or accept birthday or holiday gifts with less than $25 it's okay to receive wedding gifts asia okay toe receive gifts and share in the office like food baskets during the holidays so that's a very brief and i apologize it is too quick overview but i want to draw your attendance to the last page the resources page this is a the most significant slide in here and the very first point the
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city attorney's office is the competitive ethnics and meeting rules and frankly i'm one of the people that draft it i return to find the information open is topics certainly the city attorney's office it happy to help you can find me directly or katie she'll find me wherever she needed to or the ethics commission we communicate a debris but it can help with reaching the city officials that's my presentation but happy to sit down individually to go over particular circumstances at any time. >> i'll open up for. seeing none, i'll close public
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comment and open it up for questions by commissions >> i have one question gift rules you've laid do reapply only to elected officials or outline city employees. >> most of the rules i covered apply to i would say high-level officials included the collected officials department heads and commissioners and all the rules are high-level managers within the department may not low-level where they have a great or significant job responsibility but generally not limited to elected officials. >> it's a gray area with regards to the levels. >> it depends on the gift limits minority apply to a form
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obligation where someone falls if the hierarchy one thing i update is the interest code a long, long ordinance that all people in the city need to file a form seven hundred if you don't, you don't disclose those gifts like elected or members of the commissions high-level people and how far it goes down is up to the departments discretion. >> i'll point out that the departments s i a the statement of incapable activities applying applies to all officials on page 4 which is no employee can accept a gift of my value from any entities doing business with the city i want to point out that those are departmental
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standards they apply all the way up. >> my only concern throughout the city and all the departments frequently they've commented where where the sub orient pull money and buy gifts for the boss and i'm curious about that as a practice but it seems like that that may not apply with a mid-level manager there recent several requirements. >> depending on how last year the gift it i mentioned briefly there is an exception during the holiday season that's an example of where a humanly factual example. >> only the petty cash ones. >> jake. >> so does that mean that - >> bob. >> grab bob and go to diner are
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we not allowed to pay for dinner. >> bob i'm sorry i'm not familiar with bob. >> or anyone. >> okay. so the form 6 hundred all right. so the gift rule is from the sub orient to the aspire i don't think that rule will be implemented i'm assuming it is not a father-in-lawscy meal now if he's a form seven hundred filer you'll probably have to disclosure the value of the meal he, he received is more than $450 >> does the 440 cap apply to
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everyone that gives gifts so all my friends if they go over 440 or only a person. >> it's and source by source limit so person a a subject to seven hundred address subject b but it's a cumulative running total have you so look at all the gifts from january one to the next couple weeks. >> on oyour exception they can deduct a write off or maybe the function i attend was two people giving the function how does that work or is it the 5030 as long as that's on title and are those general ticket offend to you on the going rate.
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>> i have no example it's as an exception to a nonprofit you go to dinner and $500 cover for dinner he's a nonprofit obviously the meal is not worth 5 hundred so there's some value if that tiblt that goes to that organization use me they're using me to get to them by inviting me. >> let's say the tickets are offered for free from the nonprofit fundraiser and the 503 their offering to to you dribble you accepted the ticket from the nonprofit fundraiser directly technically the gift has a value of zero you don't need to report it and mr. cokeer is an example
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is involved in an organization that is a nonprofit he actively engaged to be he invites me and handbags to me i would look at that as an nonprofit fundraiser do you have to report it. >> if it's not given you to directly look at the nonprofit ticket when you buy a ticket maybe 5 hundred bucks only some portion goes to the event and the rest is for the nonprofit it's a fundraiser; right? so you have to value that gift as a non-portion of the ticket. >> the room refreshments i think that would be how you evaluate if it's not provided by the nonprofit and the gift of subordinate rule maybe in
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effect. >> your friend says i bought a table would you need to report that cost of that table from that friend. >> the initial valve didn't necessarily won't apply. >> let's say that was worthy the meal $150 do you have to write that down from the gift as a source. >> if depends on other gifts as the the co-relation. >> let's say it it has nothing to. >> i'm sorry. >> they have nothing to do with this they're off lot or whatever it is it is worth the meal the maelth meal is worthy $150 do you need to list that. >> there are exceptions that
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could apply it is complicated but allergy want to say there are exceptions that could apply. >> but in the bigger picture purpose of this session is to understand the basic rules so we can all try to comply without monitoring and everything hasz this is an exception. >> again those rules it can be surprising complicated by simple encounters in our normal lives in nevertheless, i'm available even on the simpler things can trigger something. >> how do we reaction to spouses and others. >> it depends on. >> i want to show my wife
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income do having i have to show her gifts i'm not trying to be rude. >> the basic rule the person that is giving the gift to our spouse but because she's our spouse not because they have an independent relationship with our wife that's a gift to you but if this person has an independent relationship to our wife it is not including you it depends on why they're giving it and there's missouri some other relationship with our spouse. >> so it has nothing to do with to ben like a power someone would benefit. >> it depended on the relationship with the spouse and the source but not necessarily the down stream that benefit is initial.
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>> can i ask. >> one more question on that one okay. >> okay. >> so you so they're giving this asks someone to come to a table a 5 hundred directing dollar ticket and they give the wife 2 tickets it's directed at the wife they give two tickets. >> it's polite. >> it depends on where they have a genuine independent long-standing relationship with his wife. >> i'd have to how it i use it that's how i see that. >> the reason 24 rule exists the gift to a spouse shouldn't be a back away of getting gifts. >> commissioner bridges. >> i have to go back to the
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third party nonprofit fundraiserful if there's a table 30th to the mayor's office i'm going to take one ticket is that a gift or not? it is from the mayor's office generally? well, no so, yes a nonprofit offered the table to the mayor's office and the mayor maybe filling a table to the tickets offered to this department and 3 commissioners take 3 of the table tickets it's not direct to me, i'm a third party benefactor >> ; right? >> so the city is a nonprofit and the city is is a nonprofit. >> i think there are two things i'd like to follow-up the first, whether or not the mayor's office or. >> he lives near me.
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>> has an agreement with the nonprofit whether in kaktd contact or contract the second thing more of the situation is how you ended up with the ticket did you get offered the ticketed from a city relationship or was it a special relationship i know worse case scenario that you would record that as a gift on the form seven hundred but restricted to the non-refundable part. >> i want to go back to our hand off rule where few receive it and don't want it you can pay it or return it or hand it off. >> dominant it to charity. >> did or does it are to be a party 3. >> and who's name your name or
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the person - >> i'm sorry. >> who's name 0 do i pass it on a person gives me 50 bucks and i don't want it i go to good well and give to them. >> right. >> do i need and receipt. >> this is practical size keep a read into the record but nothing you need to attach to our form seven hundred. >> if i go and give to goodwill do i write it and hand to over. >> in terms of the nonprofit. >> it's a write off because it's a pass through would i go in and give get a receipt in my name i'm going somewhere with
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this. >> i guess that's up to you you there's no rule that specifically states i don't know the nonprofit. >> you're my guy today and bill gives me something i give it to a nonprofit i don't have to put it in bills name. >> not if the nonprofit has rules i don't know. >> i ask the question once you start getting up into large numbers it concerns me bill gives me a hundred thousand dollars i give it to a chiropractor that's not where anyone wants to go the names are tied to it he's the real source. >> right this is getting beyond the pressure view of the presentation but there are rules for elected optimisms under state law
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but he's never offered one to me. >> he's offered lunch many times (laughter). >> any other questions. >> okay suppose a nonprofit is having dinner and . >> uh-huh. >> to attend the event the actual cost of the dinner staff hires costs $100 so can i invite a member of the board to who who i'm in direct accord a member of my staff who is a report to me for our consultant can i invite any of the four people to my table.
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>> can you invite the 5 one hundred value. >> right. >> i think in terms of who could accept our offer would be only the last two the person who reports to you as well whoever else reports to you the subordinate rule fills there's a specific event it is problematic you couldn't e effect i can't tell you that to you. >> i think this strange scenario of our chief investment officer and someone participant i don't do this solicitation for a dinner. >> i'm not sorry this is in contact with the fund raiders.
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>> it's a - you're doing something there's a price to the ticket and people knows you're doing it they want to volunteerly participate you're the magnet that brought them the real worsened but no solicitation. >> i think to the extent i'd like to research the out flow of generosity i think that would be something i'd rather did you say off-line. >> no specifics i'm learning. >> unfortunately, to answer a lot of the questions turn on specifics. >> seeing none, thank you very much for the program. >> thank you very much for the questions. >> call item 15 please. item 15 is discussion item the
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executive director's report. >> this should be a little bit mormon define but probably not we've provided the board meeting schedule for 2015 i want to point out the november board meeting that is all phenomenon the second wednesday the 11 a holiday so i wanted to find out what the boards pleasure as far as rescheduling that meeting being the month of november morales that is an investment committee meeting as a whole we could try to hold the board meeting and the investment meeting on the 15 or move it it around to a day near the 11th and staff obviously will not necessarily he recommend that be moving forward to the figure out that cuts out a week of preparation time we could consider a wednesday or tuesday
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around the 11 a or move it back to the 18th if we move the investment committee back it's happy thanksgiving that's a rough month i want to get the boards pleasure we needed 200 need to post this so everyone will be aware of the meeting. >> commissioner driscoll share our thoughts first and go down the line. >> he'll show up (laughter). >> i know that is easier i want to move them closer together. >> is that the 18th or apart and it could be either. >> yeah. i prefer he different times i often get lucas k cash at the meeting either before or after the august 19th meeting the investment meeting if we could move that around i want to
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indulge. >> we're back to november and only november. >> thank you whatever dates you set i'll do my best to be there i know that some people are favorite and it makes it easier to group i'm happy to accommodate those who are business eerie prefer the 18th. >> collapsing to the 18th i would say i propose we move both meetings to the 18th are our other preference the tuesday before the 11 i know that some folks have the things they've scheduled wednesdays only as meetings that be required preference to the 18th and done
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deal. >> okay. thank you other thing i have presented is a reminder that the board retenant february 6th and 7 for finalizing the location as well as working with trying to finalize the agenda we'll have more information forthcoming and also i sent out an invitation for you to join us at the holiday party this year, the senior staff is basically hosting the party in years past staff has paid for 10 he want to show our appreciation for the past years of service they've provided especially the difficulties of moving and how well, we did from a business prospective in the move it is friday between 2 and 5 i don't know if it is 03 or but it is over on van ness avenue
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so you're more welcome to drop but for the entire event and in the event i don't see you at the holiday party i want to wish all for a happy holidays and looked forward to the new year. >> open it up for public comment on the executive director's report. >> seeing none, questions or comments commissioner bridges and proof mind berg and i picking back on the report so i'll pack take the privilege i want to make a comment on the transition in the deferred ploy on the transition to mccain it's been a great pleasure working with her and you managed that i want to comment think that it is going well and karen thank you for
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your work on the process thank you very much and thank you karen for all her hard work and bottom more than a spare time. >> i know how much time she's spent. >> i appreciate your mentioning that. >> commissioner melberger. >> i have a few questions maybe a request this dovetails other than the comments regarding communications responsiveness mr. williams asked in terms of the response and the answer we gave is no i'll suggest the claurntd items that deal with the inquires of the members of the public regarding minutes which is what dave's comments was for example, the compensation plans and questions
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on the annual report people wanted to know before the annual report and hedge few minutes letters around hedge funds and i've no evidence of the responses by the members of staff so i'll suggest as well as the commissioners i mean commissioners requests for an answer so those kinds of kinds of things to deal with a timeline responsiveness for the inquires because i've golden roughly 3 hundred e-mails all of which i've respond to virtually all of the e-mails i've gotten i want to make sure the similar responsiveness among the staff those are the customers and we need to give an answer she wrote
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an e-mail and has she been respondent to those are the customers we deserve we're we must give them a response so there's no consistency we need to calendar an item to deal with timelines, etc. when a customer comes here on a mobile devices fine but we have to change that thank you. >> anything else i have a couple of issues one somehow the good of the order fell off the agenda make sure that is on each meeting preferably after our report that prompts and also i'm not sure if we have one a second sugs session plan for the tape leadership if we do distribute
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that if we don't have one it is good policy maybe your bring us back a recommendation if you concur give us an orderly passion which committee to go to and you'll have that i have an outstanding question on the hedge fund issue with due diligence that is out there i want to put that in the record and hope i get that next and lastly two items i'm sure obey coming up and forgive me if it's on our four week calendar i want to call them out one a overlay i did it from the timing of the calendar so if

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